Writing a will is one of the more important tasks in life. With good planning, you can create clarity for your loved ones and ensure that your estate is distributed according to your wishes. This guide will help you draw up a valid will in accordance with Swiss law.
Important Notice: This article provides an overview of Swiss inheritance law. For your personal situation, we recommend consulting a notary or lawyer. Laws may change, particularly regarding the reform of statutory entitlements.
Why Make a Will?
- Without a will, Swiss statutory succession rules apply
- You can freely dispose of your assets within the limits of statutory entitlements
- You avoid potential disputes among heirs
- You can specify important wishes, such as funeral arrangements or pet care
The Two Forms of Wills in Switzerland
1. The Holographic Will
This is the simplest option. Under Swiss law, you must observe the following requirements:
- Written entirely by hand from start to finish
- Dated (day, month, and year)
- Signed by your own hand
- You must have mental capacity and be at least 18 years old
Important: A will typed on a computer is also invalid in Switzerland!
2. The Public Will
- Is drawn up by a public official (usually a notary)
- Must be signed by two witnesses
- Offers the highest legal security
Special Features of Swiss Inheritance Law
Statutory Entitlements Under Current Law
- Descendants: 3/4 of their statutory inheritance right
- Spouse/registered partner: 1/2 of their statutory inheritance right
- Parents: 1/2 of their statutory inheritance right (only if there are no descendants)
Important: As of January 1, 2023, new reduced statutory entitlements apply (only for descendants and spouse)
Checklist: What Should Your Will Contain
- Appointment of heirs: Who should inherit what?
- Distribution of the freely disposable portion considering statutory entitlements
- Substitute provisions in case an heir dies before you
- Conditions or obligations for the heirs
- Executor: Appointment of a person to administer the estate
- Funeral wishes and other personal arrangements
Template for a Holographic Will Under Swiss Law
Last Will and Testament I, the undersigned [Your full name], born on [date of birth], citizen of [place of origin], residing at [current address], declare this to be my last will as follows: 1. I hereby revoke all previous testamentary dispositions. 2. I appoint as my heirs: - My spouse [name] to receive [share] - My children [names] in equal shares for the remainder 3. I appoint as executor of my will: [Name and address] 4. Funeral arrangements: [Your funeral wishes] [Place], [Date] [Your signature]
Safekeeping of Your Will
In Switzerland, you have the following options:
- Deposit it with the competent cantonal authority (recommended)
- Have it kept by a notary
- Store it in a bank safety deposit box
- Keep it at home (less recommended)
Overview of Costs
- Holographic will: No direct costs
- Public will: Between CHF 200 and CHF 1000 depending on the canton
- Deposit: Small fee (varies by canton)
Frequently Asked Questions About Wills in Switzerland
Can I Change My Will at Any Time?
Yes, you can modify or revoke your will at any time. To do this, create a new will and explicitly revoke all previous dispositions.
What Is an Inheritance Contract?
An inheritance contract is a binding agreement between you and your heirs. Unlike a will, it can only be modified with the consent of all parties and must be publicly authenticated.
What Is the Role of the Executor?
The executor administers the estate, pays debts, and distributes the inheritance according to the will. Appointing an executor is particularly useful in cases of complex asset relationships.